School facilities: design-build: alternative design-build: county superintendents of schools

The law extends school-facility procurement options to county offices of education and gives county superintendents sole contracting authority for their county offices and boards of education.

What the law does ​

• Allows county superintendents to use design-build contracts for school-facility projects over $1 million.
• Allows county superintendents to use alternative design-build contracts for projects over $5 million.
• Permits awards based on lowest bid or best value under the same rules that apply to school districts.
• Gives county superintendents exclusive authority to award these contracts for county offices of education and county boards of education.
• Applies these authorities statewide, including in charter counties.

Who it affects ​

• County superintendents of schools, county offices of education, and county boards of education.
• Design-build firms, architects, engineers, general contractors, and construction subcontractors seeking school-facility work.
• School districts using the same design-build procurement framework.

Breakdown ​

County School Office Design-Build Authority ​

The bill lets county superintendents of schools use the same design-build and alternative design-build contracting methods already available to school districts for qualifying public works projects. They must follow the same rules as school districts, but the county superintendent alone has authority to award these contracts for a county office of education or county board of education. The change applies in every county, including charter counties.

Key takeaways

• County superintendents of schools may use design-build contracts for qualifying public works projects under the same requirements that apply to school districts.
• County superintendents may also use alternative design-build contracts under the same rules and time limit that apply to school districts.
• A county superintendent has exclusive authority to award these design-build and alternative design-build contracts for a county office of education and county board of education.
• The bill applies statewide, including in charter counties.
• Because some required bid information must be verified under penalty of perjury, the bill creates a state-mandated local program.

Conditional SB 1107 Changes ​

This part of AB 1860 makes additional changes to Education Code Section 17250.20 that were proposed by SB 1107. Those additional changes take effect only if both bills become law and AB 1860 is enacted after SB 1107.

Key takeaways

• The bill incorporates additional amendments to Education Code Section 17250.20 proposed by SB 1107.
• The additional amendments apply only if both AB 1860 and SB 1107 are enacted.
• AB 1860 must be enacted after SB 1107 for these additional changes to become operative.

State Reimbursement ​

The bill states that the state does not have to reimburse local agencies or school districts for costs created by this law. It gives a specified reason for not requiring reimbursement under California’s state-mandate rules.

Key takeaways

• The bill says no state reimbursement is required for costs resulting from this act.
• This provision applies despite the general constitutional rule requiring reimbursement for certain state-mandated local costs.
• The digest identifies that the lack of reimbursement is based on a specified reason.